Many children and parents in Mobile eagerly anticipate the return to school at the end of the summer. In addition to obtaining schedules and supplies, it is important for them to understand what measures they can employ to protect their well-being, as harmful accidents often increase around the start of the school year. For example, careless motorists often, unfortunately, strike children who are walking or riding bicycles on their way to school, causing them grave injuries. If you want to learn more about back-to-school safety or your options for seeking justice following an accident on the way to school, it is smart to speak with an attorney. The proficient Mobile personal injury attorneys at Tobias & Comer Law, LLC, can advise you or your options and aid you in seeking the best outcome available.
Back to School Safety
As students in Alabama prepare to head back to school, it’s important for both students and parents to prioritize safety, and there are certain steps that they can take to increase the likelihood of a safe return to school.
When it comes to bus stops, it’s crucial to arrive early and wait for the bus in a safe location away from traffic. Parents should teach children to stay seated while on the bus and to listen to the driver’s instructions. For those who prefer biking to school, wearing a properly fitted helmet is essential. Parents should also remind children to follow traffic rules, such as riding on the right side of the road and using hand signals for turns. It’s important to utilize designated bike lanes whenever possible as well
For those walking to school, it is vital to obey any laws or regulations pertaining to pedestrians. Among other things, this means you should always use designated crosswalks and obey traffic signals. Additionally, you should always look left, right, and left again before crossing the street and be attentive to oncoming traffic. It is also prudent to avoid distractions like electronic devices and be mindful of your surroundings when you are walking.
By following these safety tips, Alabama students and their parents can help reduce the risk of accidents and enjoy a safe and successful school year. See full list of Back to School Safety Tips.
Pursuing Claims Following a Back-to-School Accident
Unfortunately, even if people adhere to back-to-school safety guidelines, they may still be harmed in accidents caused by other people’s negligence. In such instances, they may be able to recover compensation for their losses in personal injury lawsuits.
In Alabama, a plaintiff alleging a defendant should be deemed liable under a theory of negligence must prove four elements: a duty, a breach of the duty, causation, and damages. The duty is an obligation the defendant owes the plaintiff. In most instances, the duty owed is to act as a reasonable person would in the same situation, but it may also be a duty imposed by law. Any action or omission that deviates from the reasonable person standard or obligations under the law arguably constitutes a breach. Next, the plaintiff must prove that they suffered actual harm and that their harm was the direct result of the defendant’s breach.
In many personal injury cases, the defendant will argue that the plaintiff acted negligently and, therefore, should be barred from recovering damages. Alabama follows the doctrine of pure contributory negligence, which means that if the plaintiff is found to have contributed even slightly to their own injuries, they will be denied compensation. For example, if a pedestrian is hit by a car while jaywalking, the defendant may argue that the pedestrian’s careless crossing of the street contributed to the accident, thereby preventing the plaintiff from recovering damages.
If the jury or judge finds in favor of the plaintiff, they may be granted economic damages, such as medical expenses, lost wages, and out-of-pocket costs. The plaintiff may also be able to recover compensation for their non-intangible losses, such as the pain and suffering, emotional distress, loss of enjoyment of life, and scarring or disfigurement caused by the defendant’s actions. In cases involving clearly egregious conduct, the plaintiff may be awarded punitive damages, which aim to punish the defendant and deter similar behavior in the future.
Speak to a Trusted Mobile Personal Lawyer
If you or your child suffered injuries in an accident on the way to school, you may be owed damages, and you should speak to an attorney about your options. At Tobias & Comer Law, LLC, our trusted Mobile personal injury attorneys possess the skills and resources needed to obtain favorable outcomes, and if you hire us, we will work tirelessly on your behalf. We have an office in Mobile, and we frequently represent parties in personal injury cases in Mobile and throughout Alabama. You can reach us through our form online or at (251) 432-5001 to set up a conference.